Laws vary from state to state, but the elements of a liability claim for dental malpractice or negligence by a dentist are generally:

• a dentist is a defendant;

• the claim or claims at issue concern treatment, lack of treatment, or a departure from accepted standards of dental care;

• the defendant owed the plaintiff a duty of care;

• the defendant breached its duty of care by not meeting the required standard of care; and

• the defendant’s act or omission proximately caused the plaintiff’s injury (was the primary cause of the injury).

A claim for dental malpractice or negligence by a dentist may be brought as a simple negligence action based on the elements of a negligence claim—which are often located in a state’s court opinions (also known as case law or common law).

And in some states a claim for dental malpractice or negligence by a dentist may be defined by the state legislature in the state’s statutes—whether broadly as a health care liability claim against a health care provider, or more specifically as a claim for dental malpractice against a dentist.

In Nebraska, dental malpractice falls under the broader category of medical malpractice. To establish a dental malpractice claim, the following elements must be proven: the existence of a dentist-patient relationship establishing a duty of care, a breach of the standard of care by the dentist, causation linking the breach to the patient's injury, and actual damages resulting from the injury. Nebraska's statutes and case law define the standard of care as the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. If a dentist fails to meet this standard, and that failure results in harm to the patient, the dentist may be held liable for dental malpractice. Claims must be filed within the statute of limitations, which in Nebraska is generally two years from the date of the act or omission giving rise to the injury, or one year from the date the injury was discovered or should have been discovered, but in no event more than ten years from the date of the act or omission. Additionally, Nebraska has a cap on the total amount of damages that can be awarded for noneconomic losses in medical malpractice cases.